The present ToS is an agreement between:
– SARL INSITOO-IT, a single-member limited liability company with capital of €50,000.00, registered with the Lille Metropole Trade and Companies Register under no. 498 380 344, whose registered office is located at 44 avenue de la Marne, 59290 Wasquehal, represented for the purposes of the present agreement by its Managing Director, domiciled for said purpose at the registered office (hereinafter referred to as “INSITOO”)
– Any person who signs up on the Website “www.insitoo.com” (hereinafter referred to as “User”).
ARTICLE 1 – ACCEPTANCE
Access to and use of the INSITOO website at the following address: www.insitoo.com (hereinafter referred to as “the Website”) and the Services which are proposed on it are subject to compliance with the present Terms of Service.
Any access to and/or use of the Website implies the acceptance of and compliance with all of the present Terms of Service and their unconditional acceptance by the User. They form a contract between INSITOO and the User who accesses the Website, whether the User has already signed up and created an account or not.
The present contract has been reached for an indeterminate period of time starting from the first use of the Website by the User.
INSITOO may modify the Website or the Terms of Service at any time or it may add additional terms to them. This is why it is recommended for Users to read the Terms of Service regularly, in order to familiarise themselves with the latest version thereof.
If the User does not wish to accept the present Terms of Service in full or in part, they shall refrain from any use of the Website.
ARTICLE 2 – DEFINITIONS
– Work Services: refers to the services with INSITOO performs for its Clients which are in full or in part sub-contracted to Freelancers registered on the Website, for example Project Ownership Assistance, Project Management Assistance, technical expertise, business consulting, etc. (non-exhaustive list).
– Client: refers to a professional (whether an individual or an entity) who uses the Website to read Freelance Profiles proposed by INSITOO, or with a view to entrusting INSITOO with the execution of a mission, which will be sub-contracted in full or in part to one or more Freelancers registered on the Website.
– Client Space: refers to the Client’s dedicated space, enabling them to read the proposed Freelance Profiles and to describe their needs with a view to a Mission.
– Freelancer Space: refers to the Freelancer’s dedicated space, enabling them to create, read and update their Profile, request recommendations and apply for the Mission offers posted by INSITOO.
– Freelance: refers to any individual or entity, registered in the Registre du commerce (Trade and Companies Register) and having a SIRET (business identification) number, or registered with the Chambre des Métiers et de l’Artisanat (Craft Guild), or the Maison des artistes (Artists’ Guild) or AGESSA, or working as a freelancer, in all cases registered with the social security contributions collection agency URSSAF, or any person working within a wage portage structure; and who signs up on the Website via the Freelancer Space in order to create, edit or add to a Profile page, enabling INSITOO to propose their candidacy as a sub-contractor to its Clients.
– Recommender: refers to a person who is not registered on the Website and who posts a recommendation there at the request of a Freelancer or INSITOO.
– Mission: refers to the work service desired by the Client and sub-contracted by INSITOO to one or more Freelancers.
– Profile: refers to all of the professional characteristics entered by the Freelancer in their dedicated Freelancer Space on the Website.
– Service: refers to all the Services provided by INSITOO on the Website to its Clients in its role as Service Provider, as well as the new Mission search services for the Freelancer and the management of recommendations associated with their Profile.
– Website: refers to the Service platform accessible at the address <www.insitoo.com> posted by INSITOO.
– User: refers to the Client and/or Freelancer, who are adults and who have signed up on the Website www.insitoo.com in order to use and benefit from the Services provided by INSITOO. It may also refer to a Recommender.
ARTICLE 3 – PURPOSE
• INSITOO is a company dedicated to helping Freelancers find work. It enables Clients to post an announcement about their Missions.
In agreement with Clients, it assists them in selecting Freelancers with the most suitable skills and qualifications for those Missions. It can also, in agreement with the Clients, select Freelancers with the most suitable skills and qualifications for the Missions, via interviews, and then present them to the Clients, if the Freelancers accept the terms of the Missions. The Clients may then read and examine the Freelance Profiles presented to them.
Prior to each Mission, INSITOO shall ensure that the Freelancer has declared their work activity to the relevant agencies and is up to date with their social security contributions. Then, it monitors the Missions, ensuring the satisfaction of the Freelancer and the Client, by means of evaluations. It also proposes support for Freelancers in preparing their Profile.
• The Website enables Freelancers to submit their CV and to create a profile which can be used by INSITOO to respond to the Missions sent in by its Clients. It also enables INSITOO to post Missions submitted by its Clients. Clients to whom INSITOO proposes a Freelancer will have access to the latter’s Profile at all times on the Website. Clients and/or Recommenders can issue recommendations on Freelance Profiles. These recommendations enable Freelancers to have a Profile with optimal listing and credibility on the Website.
ARTICLE 4 – SIGN-UP CONDITIONS
4.1 – Creation of a Freelance Profile
To access the Services on the Website, the Freelancer must create a profile. They must identify themselves on the Website using their e-mail address and password, as chosen during their sign-up or their first login on the Website.
The login and password chosen by the Freelancer during their sign-up or their first login on the Website are personal and confidential. The Freelancer is invited to submit their CV and to fill in their “Profile” page accurately and completely. This page contains all information they want to make accessible to employers, and Freelancers agree to keep it updated.
If the Freelancer provides false, inaccurate or incomplete information, INSITOO reserves the right to suspend or close the Profile and to refuse future access to all or part of the Services. Some information is confidential, such as personal or professional data, telephone number, surname, mailing address or e-mail address. INSITOO expressly agrees not to publish them. INSITOO automatically assigns a pseudonym to the Freelancer, based on their first name and the first letter of their surname. The Freelancer’s Profile is thus made anonymous.
At any time, the Freelancer can waive any use of the Website but shall remain responsible for any subsequent use.
4.2 – Client Space
To examine the Freelance Profiles made available to it, the Client shall identify itself on the Website using the access codes provided by INSITOO. Upon reception, it can modify them.
Once INSITOO has put a Freelancer in contact with a Client, whether the Mission is performed by the Freelancer or not, the Client shall have permanent access to the Profiles for the Freelancers in question.
ARTICLE 5 – EVALUATIONS AND RECOMMENDATIONS
Users may recommend Freelancers, thus improving the latter’s listing on the Website and their credibility with Clients. Each recommendation must address only the Freelancer’s work services. INSITOO reserves the right to contact the Recommender in order to ensure the sincerity of the recommendation. The Freelancer expressly accepts such contact.
The Freelancer may delete any recommendation from their Profile. They shall agree not to post or have others post bogus recommendations.
ARTICLE 6 – AVAILABILITY OF SERVICES
Access to the Services shall be reserved for Users only.
The Website is available from any location whatsoever, provided that the minimum technical conditions have been met, particularly as concerns access to the mobile telephone network, Internet network and technical compatibility of the equipment used.
ARTICLE 7 – WARRANTY
INSITOO shall have an obligation of means with regards to the User.
ARTICLE 8 – INTELLECTUAL PROPERTY
The presentation and content of the Website are, taken together, a protected work under applicable intellectual property laws, and INSITOO is the rightful owner thereof. Any reproduction, in full or in part, shall be systematically submitted for approval by INSITOO.
8.1 – Copyright:
The texts, images, drawings, layout and visual identity of the Website are protected by intellectual property law.
It is prohibited to copy, excerpt, distribute or modify the content of the Website for commercial purposes. It is authorised to download and print out the images and visual elements for private, non-commercial use. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or print publications shall require the prior written consent of INSITOO. Unauthorised reproduction shall be considered an act of counterfeiting.
8.2 – Trademarks:
The brands and logos found on the Website are registered and protected trademarks. Any reproduction, in full or in part, of the trademarks and/or logos on the Website, made from elements of the Website, without the express authorisation of INSITOO, shall be considered an act of counterfeiting under Articles L.713-2 et seq. of the French Intellectual Property Code.
8.3 – Databases:
The databases established by INSITOO are protected by copyright as well as by the French act of 1 July 1998 transposing the European directive of 11 March 1996 on the legal protection of databases into the French Intellectual Property Code. Except with the written consent of INSITOO, any reproduction, representation, adaptation, translation and/or modification, whether in full or in part, as well as any substantial excerpt, whether qualitative or quantitative, posted to another website shall be prohibited and penalised under Articles L.343-4 et seq. of the Intellectual Property Code.
8.4 – Granting of licences for copyrights and image rights:
By posting content on the Website, the User automatically grants a free licence to INSITOO concerning this content for the needs of Website management, world-wide and for the period necessary for the Services and Missions. Lastly, the User declares that the copyrights thus granted do not breach any third-party rights and are not the subject of any claims. The User shall hold INSITOO harmless against claims of any nature which might be made concerning the ownership of the granted rights, whether these are intellectual property rights or image rights or whether they concern unfair competition or parasitical business practices, and shall agree to reimburse INSITOO for any sums which it may be ordered to pay concerning such claims.
ARTICLE 9 – INSITOO LIABILITY
INSITOO shall make its best effort to ensure proper functioning of the Website and the Services posted on it, within the limits of liability of the present Terms of Service.
9.1 – Access to the Website:
In principle, the Website is accessible 24/7; however, INSITOO shall not be held liable in the following cases (non-exhaustive list):
– in case of interruption of the Website for technical maintenance operations and updating of the posted information;
– if the Website (and/or related websites and applications) is temporarily unavailable owing to technical problems, regardless of their origin and provenance;
– in case of unavailability, overload or any cause preventing the normal functioning of the mobile phone network used to access the Website;
– in case of attack by computer viruses present on the network;
– more generally, in case of direct or indirect damages caused to the User, regardless of their nature, resulting from access to or use of the Website (and/or related websites and applications);
– in case of abnormal use or illegal operation of the Website;
– if the User loses their login and/or password or if their login/password is stolen.
9.2 – Content posted on the Website by Users:
INSITOO is not the creator of the content posted on the Website by Users; this content is posted under the User’s exclusive responsibility.
Since it does not perform any moderation of the content posted by Users, INSITOO shall not be held liable for any content that is found to be unlawful, contrary to accepted moral standards or constituting a breach of other persons’ rights, in particular intellectual property rights or the processing of personal data.
INSITOO shall not be held liable for exchanges between Users on the Website. INSITOO shall not be held liable for erroneous information contained in the Profile and communicated to the Client.
INSITOO shall be held liable for any content posted on the Website or sent from the Website by a third party of any kind.
Thus, in light of the legal qualifications defined in Article 6 of the French Confidence in the Digital Economy Act of 21 June 2004, INSITOO is qualified to act as host for the content posted by Users on the Website.
INSITOO is thus not responsible a priori for Users’ content and shall not be under any obligation to monitor this content.
9.3 – Public content on the Website:
Despite the great care taken in creating and updating the Website, INSITOO cannot provide any warranty, either express or tacit, concerning the information contained on the Website which it owns.
Consequently, INSITOO shall not be held liable for any damages, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Website.
9.4 – Force majeure:
INSITOO shall not be held liable or considered to be in breach of the present Terms of Service for any delay or non-execution, when the cause thereof is related to a case of force majeure as defined by the case law of French courts and tribunals, including any power outage, suspension, reduction in service or any disturbances in the power grid or any outages on electronic communication networks or in case of circumstances outside of its control.
9.5 – Intervention by INSITOO:
INSITOO reserves the right to modify the terms, conditions and information contained herein at any time, in particular in case of technical, legal or jurisprudential changes or when putting new Services in place. Explicit information on subsequent changes to the present Terms of Service shall be provided in compliance with the provisions of Article L.121-84 of the French Consumer Code.
ARTICLE 10 – USER RIGHTS AND RESPONSIBILITIES
10.1 – Responsibility:
Use of the Website shall be under the User’s sole and exclusive responsibility. The User is solely responsible for the information they post on the Website. They hereby agree to provide accurate information, which they will update immediately as needed. In case of abnormal use of or unlawful operation on the Website, the User shall be solely responsible for the damages caused to third parties and for the consequences of claims and legal actions that may result.
The User hereby agrees, in a general manner, to comply with all legislation in force in France and/or the legislation in force in the Country where they perform their job activities.
The User hereby agrees to submit all declarations and complete all formalities necessary for their job activities and to satisfy all of their legal, social, administrative and fiscal obligations. They shall provide INSITOO with any document attesting to this, at the request of INSITOO. They acknowledge INSITOO cannot under any circumstances be considered as a User’s employer, agent or principal..
When a Freelancer and a Client are presented to each other by INSITOO, the User agrees to enter into a contract only via the intermediary of INSITOO. In addition, the User shall refrain from using the Website to promote their own business activities or those of a third party and shall refrain in particular from sending any advertising messages to other Users or to solicit them in any way. Any User who observes a breach of these commitments or who has been encouraged to commit such a breach shall notify INSITOO thereof immediately.
The User hereby waives any recourse against INSITOO in the case of legal action enjoined against INSITOO by a third party owing to unlawful use of and/or operation on the Website.
10.2 – Content:
Users hereby agree not to use the Website in order to:
– post, communicate, share, store or make available in any manner any content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorised, abusive, injurious, malicious, vulgar, obscene or fraudulent, that breaches privacy protections or image rights, is heinous, incites violence or racial or ethnic hatred or is otherwise reprehensible;
– create several accounts or steal someone else’s identity.
– send any element containing computer viruses or any computer code, file or program designed to interrupt, destroy or limit the functionality of computer software, hardware or electronic communications equipment;
– post, communicate, share, store or make available in any manner any content that constitutes or encourages a criminal act or provides instructions on ways to commit such acts, which infringes on the rights of a third party or is likely to engage the responsibility of a third party or to infringe on local, national or international legislation.
The User is solely responsible for the content they post on the Website, in particular any content of an offensive or unlawful nature or that is likely to infringe on third-party rights.
10.3 – Access and security:
It is the User’s responsibility to take all appropriate measures in order to protect their own data and/or software stored on their mobile phone or computer against any breaches. The User has the right to consult, free of charge, their data hosted on the Website as well as any information pertaining to them. The use of the Website Services requires that the Freelancer open an account and choose a login and password.
For the Client, access to the Website is made possible by the assignment of a login and password by INSITOO. The password is personal and confidential. The User is solely responsible for it. They shall agree not to disclose it to any third parties and to take all necessary precautions to prevent third parties from gaining access to it.
The User agrees to notify INSITOO immediately if their password has been lost or stolen. Failing this, and in the absence of proof to the contrary, any login or transmission of orders or data conducted with the password shall be considered to originate from the User and shall be under their exclusive responsibility.
To be taken into account, the User’s claims must be sent to the following Web address: [email protected]
10.4 – User’s personal data:
INSITOO requires all Users to provide certain personal information (surname, first name, e-mail address, telephone number, etc.) in order to be able to identify them or guarantee the exclusivity of their personal access.
In compliance with the provisions of Act no. 78-17 of 6 January 1978, as amended, on information technology, computer files and civil liberties, the automated processing of personal data conducted from the Website has been the subject of a declaration sent to the French National Information Technology and Civil Liberties Commission (CNIL).
The User shall have the right at any time to challenge, gain access to and rectify their personal data. To do so, they simply have to submit their request by e-mail to: [email protected]
In compliance with Article 6, point 5 of Act no. 78-17 of 6 January 1978, as amended, personal data shall be kept in a form enabling identification only for a period no longer than that required for the purposes for which it has been collected and processed.
Personal data is accessible only to authorised staff.
On personal data collection forms, the User shall be notified of the following: the identify of the data controller, their rights concerning their personal data, recipients of said data, the purpose of the processing and the mandatory or optional nature of their answers.
Business prospecting materials that INSITOO might send to the User electronically shall comply with the following principles:
• the User has given their consent and been notified, upon communication of their personal data, of the possibility to refuse, free of charge, any commercial use of their contact details,
• the purpose of the solicitation is in relation with the professional functions of the recipient of the message
ARTICLE 11 – HYPERTEXT LINKS
INSITOO stipulates that the use of hypertext links may lead the User to other websites or applications which are independent of the Website. The hypertext links leading to other websites or applications than the Website shall not, under any circumstances, engage the liability of INSITOO. Similarly, the insertion of hypertext links to all or part of the Website is authorised, in a non-exclusive manner which can be revoked at any time, without the need for INSITOO to provide any justification thereof, provided that this link does not give the Website a false, misleading, pejorative or harmful character. As part of this authorisation, INSITOO reserves a right to object.
INSITOO shall not be held liable for any direct, indirect or incidental damages resulting from access to or use of the information originating from third-party sites.
The User shall be authorised to create one or more hypertext links towards the Website. They shall refrain from creating any link from websites that do not comply with applicable legislation or which could be harmful to the interests, reputation and/or image of the Website and/or INSITOO.
INSITOO reserves the right to rescind this authorisation at any time, if it considers that the link could be harmful to its interests, reputation and/or image. Under any circumstances, the existence of a hypertext link towards the Website, originating from a third-party site, shall not imply any partnership between said third-party site and the Website. INSITOO does not exert control over said third-party websites and thus shall not be held responsible for these sites.
ARTICLE 12 – DURATION AND TERMINATION
The present terms are valid during the entire use of the Website. INSITOO reserves the right, at its sole discretion, to undertake any recourse authorised by law, including but not limited to the deletion of Profiles and/or Clients’ announcements on the Website, as well as the immediate termination of accounts with or without the possibility of accessing the Website and/or any other Service provided by INSITOO, in case the User fails to comply with the present Terms of Service or if INSITOO cannot verify or authenticate the posted information.
ARTICLE 13 – CONFIDENTIALITY
The parties agree to ensure the strict confidentiality of the information exchanged and of all documents and elements produced as part of execution of the contracts binding them.
The User shall agree not to use the data resulting from the services provided by INSITOO for purposes other those those stipulated herein.
During and after execution of the INSITOO Services, the User shall agree not to disclose the methods and tools owned exclusively by INSITOO to any third parties without INSITOO’s consent.
ARTICLE 14 – INDEPENDENCE OF CLAUSES
If any part of the present Terms of Service is declared null and void or unenforceable for any reason whatsoever, the term or terms in question shall be declared non-existent, and the remaining terms shall remain in force with the same scope and shall continue to apply. The terms declared non-existent shall then be replaced by terms that reflect the content and meaning of the deleted clause as much as possible.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
The present Terms of Service shall be governed exclusively by French law. Any dispute arising from the use of the Website shall be referred to the relevant courts with jurisdiction over INSITOO’s registered office, notwithstanding the plurality of defendants or the introduction of third parties.